The Ministry of Labour and Employment vide its notification dated 19th November 2020 has published the Draft Occupational Safety, Health and Working Conditions (Central) Rules, 2020 and has invited Objections and suggestions from the public which, may be addressed to Shri Shivakant Kumar, Under Secretary to the Government of India, Ministry of Labour and Employment, Room No: 17, Shram Shakti Bhawan, Rafi Marg, New Delhi or by email (fasli@dgfasli.nic.in and shivkant.kr@gov.in ) within 45 days.
The Occupational Safety, Health and Working Conditions Rules,empowers the state government to exempt any new factory from the provisions of the Code in order to create more economic activity and employment.
Key Highlights from the Rules:
- The employer seeking registration for an establishment not already registered shall apply electronically in Form-I on the Shram Suvidha Portal by giving details about the establishment, and uploading documents related to Registration of the establishment, proof of Identity and address of the employer(s) as specified in the Form.
- The certificate of registration shall be issued in Form-II electronically immediately if the application is complete in all respect but not later than seven days from the date of submission of complete application, failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated.
- The certificate of registration shall be non-transferable and a copy of the certificate of registration shall be displayed in the premises of the establishment at the conspicuous place in hard copy or electronically.
- The employer shall, within thirty days of the commencement and completion of any work, intimate to the Inspector-cum-Facilitator, having jurisdiction in the area where the proposed establishment or as the case may be, the work is to be executed, intimating the actual date of the commencement, completion of work and cessation of establishment, as the case may be, in Form-IV annexed to these rules electronically and the same shall be auto-shared to EPFO and ESIC.
- Every employer of factory, dock, mine and building or other construction work shall arrange to conduct free of cost, medical examination for every worker annually i.e. within 120 days from the commencement of the every calendar year who has completed 45 years of age.
- Where at any place in an establishment which is factory, dock work, mines, building or other construction, an accident occurs which results in the death of any person, the employer or occupier or manager of the establishment shall forthwith send a notice thereof in Form-VI electronically.
- No worker shall be required or allowed to work in an establishment for more than forty eight hours in any week and the period of work of a worker shall be so arranged that inclusive of his intervals for rest, shall not spread over for more than twelve hours in a day.